Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-04-11
A DECISION ON THE INTERSTATE
LAW.
A Federal Court Partially Nullifies the
Long and Short Haul Clause.


Judge Deadly, in the United States Circuit Court
at Portland, Oregon, has rendered decision which
virtually nulh1es the long and short haul clause
OF the interstate commerce act SO far it effects
railroads that are competitors Of water routes 1t
makes the distinction between commerce wholly
within the States and commerce between the
States, and also explains the limitations OF the
act as to carriage Of goods between States by lines
connecting with but acting independently of each
other, and not receiving goods for continuous car
riage or shipment. The case under consideration
was that OF the receiver OF the oregon and Calfor
mia Railroad Company, road lying wholly within
the state OF oregon. Judge Deadly rules that the
another is interstate commerce. whether the
carriers engaged in moving 1t or the vehicles in
which it is borne cross the line OF State or not.
The interstate commerce act does not include or
apply to all carriers engaged in interstate COM
merce, but only such as use railway or railway
and water craft "under common control, manage
ment," or arrangement for continuous carriage
or shipment OF property from one State to another;
nor does 1t apply to the carriage OF property by
rail- rail wholly y1a within the State. although shipped
so that such place is not in a foreign country. In
the case In judgment it is held that the oregon
and California road and the steamers OF the Ore
gon Railway and Navigation Company in the car
riage OF the goods in question not "uSed under
any common control, management or arrangement
for continuous carriage or shipment thereof" to
andfrom San Francisco within the intent and mean
ing OF the act and that the carriage and handling OF
said goods is performed wholly within the State,
and therefore specially exempted by the terms OF
the act from its operation, provided the same are
not directly shipped to and from foreign country.
WHAT COL MORRISON SAYS OF THE DECISION.
A STAR reporter to-day called the attention OF
Col. Morrison to the above decision. He merely
pointed out the seventh section Of the law, and
said that the application nonapplication Of the
act depended upon the facts in the case-whether
they were two distinct Hines In good faitif not.
The seventh section provides:
''That 1T shall be unlawful for any common car
rer subject to the provisions Of this act to enter
into any combination contract, or agreement, ex-
pressed or implied, to prevent, by change OF time
schedule, carriage in different cars, or by other
means or devices, the carriage of freights from be-
ing continuous from the place OF shipment TO the
place Of destination; and no break OF bulk, stop
page, or interruption made by such common car
rer shall prevent the carriage Of freights from be-
ing and being treated as one continuous carriage
from the place OF shipment to the place OF dest1na
tlon, unless such break stoppage, or interruption
was made In good faith for some necessary pur-
pose, and without any intent to avoid or unneces-
Sar1ly interrupt such continuous carriage OF to
evade any OF the provisions Of this act"